Multi District Litigation

MDL 2817

In Re: Dealer Management Systems Antitrust Litigation
- Judge Rebecca R. Pallmeyer

MDL 2817
In Re: Dealer Management Systems Antitrust Litigation
- Judge Rebecca R. Pallmeyer


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  Master Case File MDL No. 2817


 MEMORANDUM Opinion and Order

05/14/2018

176

MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 5/14/2018:Mailed notice(kef, ) (Entered: 05/14/2018)
10/22/2018

425

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 10/22/2018. For the reasons set forth below, the Court denies the motion to strike 144 and the motionsto dismiss [44; 45; 46]. Mailed notice(cdh, ) (Entered: 10/22/2018)
12/06/2018

461

MEMORANDUM Opinion and Order: For the reasons set forth in the Court's Memorandum Opinion and Order, Defendant The Reynolds and Reynolds Company's Motion to Compel Production of Documents Pursuant to Subpoena [ECF No. 280] is granted and Non-Party Dominion's Motion to Modify the Confidentiality Order [ECF No. 303] is denied. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 12/6/2018. Mailed notice(ber, ) (Entered: 12/06/2018)
01/25/2019

504

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 1/25/2019. Before the Court is Defendant CDK Global, LLC's motion to dismiss 259 the amendedcomplaint filed by Plaintiff Loop, LLC. For the reasons set forth, the motion is denied. Mailed notice(cdh, ) (Entered: 01/25/2019)
01/25/2019

505

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 1/25/2019. Before the Court is Defendant CDK Global, LLC's motion to dismiss 71 the complaint filed by Plaintiffs (1) Cox Automotive, Inc., (2) Autotrader.com, Inc., (3) Dealer Dot Com, Inc., (4) Dealertrack, Inc., (5) HomeNet, Inc., (6) Kelley Blue Book Co., Inc., (7) vAuto, Inc., (8) VinSolutions, Inc., and (9) Xtime, Inc. For the reasons set forth below, the motion 71 is granted in part and denied in part. Mailed notice(cdh, ) (Entered: 01/25/2019)
01/25/2019

506

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 1/25/2019. Before the Court are the motion to dismiss the counterclaims of Defendant/Counter- Plaintiff CDK Global, LLC 272 and the motion to dismiss the conversion counterclaim of Defendant/Counter-Plaintiff Reynolds and Reynolds Co. 272 filed by Plaintiff/Counter- Defendant Authenticom, Inc. For the reasons set forth below, the motion to dismiss the counterclaims of Defendant CDK Global, LLC 272 is granted in part and denied in part, and the motion to dismiss the conversion counterclaim of Defendant Reynolds and Reynolds Co. 272 is granted. Mailed notice(cdh, ) (Entered: 01/25/2019)
01/25/2019

507

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 1/25/2019. Before the Court are Defendant CDK Global, LLC's motion to compel arbitration and stay claims, or, in the alternative, to dismiss the dealership consolidated class action complaint 262, and Plaintiffs' unopposed motions for leave to submit supplemental authority [366; 420]. Plaintiffs' unopposed motions for leave to submit supplemental authority [366; 420] are granted. The Court considers those submissions as well as Defendant's responses (in its reply and in its own supplemental brief) in ruling on the pending motion to dismiss. For the reasons set forth below, Defendant's motion to dismiss in favor of arbitration is denied, and its alternative motion to dismiss is granted in part and denied in part. Mailed notice(cdh, ) (Entered: 01/25/2019)
09/03/2019

749

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 9/3/2019. For the reasons set forth below, the motion to dismiss 593 CDK's counterclaimsis granted in part and denied in part. CDK is given until September 30, 2019 to file amended counterclaims consistent with this opinion. I.Mailed notice(cdh, ) (Entered: 09/03/2019)
02/20/2020

857

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 2/20/2020. Mailed notice(cdh, ) (Entered: 02/20/2020)
06/08/2020

1011

MEMORANDUM Opinion and Order: For all the reasons set forth in the Court's Memorandum Opinion and Order, Defendants' Motion to Compel Plaintiff Authenticom to Produce Third- Party Communications or, In the Alternative, Submit Such Communications for In Camera Review [EFC Nos. 539, 541] is granted in part, denied in part, and denied without prejudice in part. Signed by the Honorable Jeffrey T. Gilbert on 6/8/2020. Mailed notice (ber, ) (Entered: 06/08/2020)
01/21/2022

1321

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on 1/21/2022. Emailed notice(cdh, ) (Entered: 01/21/2022)
06/29/2023

1381

MEMORANDUM Opinion and Order: Defendants' motions to bar [775, 787] are denied. CDK's motion for summary judgment against AutoLoop 967 is granted as to damages attributable to the Cox Plaintiffs and otherwise denied as to AutoLoop's Sherman Act § 1 conspiracy claim. CDK's motion is granted as to AutoLoop's Sherman Act § 1 exclusive dealing claim and AutoLoop is ordered to show cause why CDK's motion should not also be granted as to AutoLoop's § 2 monopolization claim. CDK's motion on AutoLoop's state law claims is denied to the extent those claims are based on the alleged conspiracy and is otherwise granted. CDK's motion for summary judgment against the Dealers 970 is granted on all Sherman Act damages claims but denied as to the conspiracy claim for injunctive relief. CDK's motion on the Dealer's state-law claims is granted as to Counts IX, XLIV, XXXIX, XL, XLVI, and XLVIII and is otherwise denied. Reynolds's motion for summary judgment against MVSC 954 is granted as to any claim based on MVSC's failure to break into the Wisconsin market and as to damages MVSC sustained after settling with CDK in October 2019. Reynolds's motion is also granted as to MVSC's California Unfair Competition Law claim. Reynolds's motion is otherwise denied. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Rebecca R. Pallmeyer on 6/29/2023. Mailed notice. (cp, ) (Entered: 06/30/2023)
06/29/2023

1382

MEMORANDUM Opinion and Order: The Dealership Counter-Defendants' motion for summary judgment on CDK's counterclaims 963 is granted. See attached Memorandum and Opinion for further details. Signed by the Honorable Rebecca R. Pallmeyer on 6/29/2023. Mailed notice. (cp, ) (Entered: 06/30/2023)
06/29/2023

1383

MEMORANDUM Opinion and Order: AutoLoop's motion for summary judgment on CDK's counterclaim 949 is granted. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Rebecca R. Pallmeyer on 6/29/2023. Mailed notice. (cp, ) (Entered: 06/30/2023)


 Lead Counsel List

MDL Co-Lead Counsel
Derek T. Ho
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, NW, Suite 400
Washington, D.C. 20036
MDL Coordinating Counsel
Samuel Issacharoff
40 Washington Square South
New York, NY 10012
Co-Lead Counsel / Dealership Interim Lead Class Counsel
Peggy J. Wedgworth
Milberg Tadler Phillips Grossman LLP
One Pennsylvania Plaza, 19th Floor
New York, NY 10119
Plaintiffs’ Steering Committee Members
Leonard A. Bellavia
Bellavia Blatt, PC
200 Old Country Road, Suite 400
Mineola, NY 11501
Daniel Hedlund and Michelle
Looby Gustafson Glueck, PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
James Barz and Frank Richter
Robbins Geller Rudman & Dowd LLP
200 South Wacker Drive, 31st Floor
Chicago, IL 60606
Liaison Counsel:
Robert A. Clifford
Clifford Law Offices, P.C.
120 N. LaSalle Street, Suite 3100
Chicago, IL 60602


 Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

What is multidistrict litigation?

Multidistrict litigation is litigation pending in more than one federal district court involving common questions of fact. When such cases involve civil actions, they may be transferred by the Judicial Panel on Multidistrict Litigation (The Panel) to any federal court for coordinated and consolidated pretrial proceedings.

What is the Panel on multidistrict litigation?

The panel is a group of seven federal judges designated by the Chief Justice of the United States. The Panel has the responsibility for determining which cases qualify for multidistrict litigation treatment, as well as which district court to transfer and consolidate these cases. The transfers are made pursuant to 28 U.S.C. §1407, upon the Panel's determination that the transfers will result in the convenience of the parties and witnesses and will promote the just and efficient conduct of the cases.

How are the cases to be transferred brought before the Panel?

Proceedings for transfer may be initiated by the Judicial Panel on Multidistrict Litigation upon its own initiative or a motion filed with the Panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the Panel convenes a hearing and notifies all parties of the place and time of the hearing. The Panel's order of transfer is based on a record of such hearing at which material evidence may be offered by any party to an action in any federal court that would be affected by the transfer.

If my case is subject to a transfer order, but the case has not yet been transferred to the Northern District of Illinois, where should I file documents?

Transfers under 28 U.S.C. §1407 become effective with the filing of the Panel's transfer order in the clerk's office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Northern District of Illinois, you must make all future filings in the Northern District of Illinois.

Does the Court permit direct filing of cases in the Northern District of Illinois when venue is in another district?

To be determined.

Do I need to file a motion in the Northern District of Illinois to appear pro hac vice or do I need to associate local counsel?

Pro hac vice requirements (and the payment of associated fees) are waived for any attorney who has filed an appearance in a transferor court. Attorneys admitted to practice and in good standing in any United States District Court may be admitted pro hac vice in this litigation without the payment of the pro hac vice fee and without associating with local counsel. Whether or not they file appearances in this case, all lawyers in this litigation are expected to comply with the Court's Local Rules and to abide by the terms of the case management orders and protective orders.

Are attorneys in this MDL required to be e-filers in the Northern District of Illinois?

Yes. Any attorney who will participate actively in the litigation and wishes to receive copies of court filings must file an appearance in this Court and register as an e-filer, receiving training, if he/she is not registered as an e-filer in this Court or another federal court. See General Order 16-0020.

Are there any special procedures regarding service?

__________________has been authorized to accept service of Summons and Complaint on behalf of any defendants pursuant to Fed R. Civ. P. 4(d). See Case Management Order No. 1 (34)

Is there a form complaint that should be filed?

Do I need to submit courtesy copies of all electronic filings?

According to the Fifth Amended General Order, courtesy copies are no longer required and motions shall not be noticed for presentment. Parties shall propose a briefing schedule on opposed motions by joint submission to the court.

 How can I be kept advised of the developments of this case?

Court orders, developments, and upcoming events will be posted on the Court's website.

https://www.ilnd.uscourts.gov/

How can I access the docket sheet?

You may access the docket sheet online by purchasing a PACER account through the PACER Service Center's website at http://www.pacer.uscourts.gov .

Does the Court permit telephone participation at status conferences?

Yes, in some instances.



 Court Contacts

COURT CONTACTS

Judge Rebecca R. Pallmeyer, U.S. District Judge
https://www.ilnd.uscourts.gov/judge-info.aspx?X0KFz5VBiGM=

Courthouse Address
219 South Dearborn Street
Chicago, Illinois  60604

Courtroom Deputy
Christina Presslak
(312) 435-5637
Room 2528A
Email: Christina_Presslak@ilnd.uscourts.gov

Judicial Assistant
Susan Kelly Lenburg
(312) 435-5600
Room 2548
Email: Susan_Lenburg@ilnd.uscourts.gov

Court Reporter
Frances Ward
(312) 435-5561
Room 2524A
Email: Frances_Ward@ilnd.uscourts.gov
Order Transcript: wardofficialtranscripts@gmail.com

Please note that Ms. Ward will not respond immediately to orders for transcripts as she is in court most of the day. If you order a transcript, you may assume that she is preparing it and will contact you when your transcript is complete and ready for pick-up.


 Member Cases

Case #PlaintiffDefendantOrig. District Case #Originating DistrictDate Closed
1:17-cv-07827Hartley Buick GMC Truck, Inc.CDK Global, LLC
1:18-cv-00833Northtown Automotive Companies Inc.CDK Global, LLC
1:18-cv-00846Cox Motors N.C., Inc.CDK Global, LLC
1:18-cv-00864Dealer Management Systems Antitrust Litigation
1:18-cv-00865Motor Vehicle Software CorporationCDK Global, Inc.2:17-cv-00896California Central10/23/2019
1:18-cv-00866John O'Neil Johnson Toyota, LLCCDK Global, LLC3:17-cv-00888Mississippi Southern
1:18-cv-00867Teterboro Automall, Inc.CDK Global, LLC2:17-cv-08714New Jersey
1:18-cv-00868Authenticom, Inc.CDK Global, LLC3:17-cv-00318Wisconsin Western
1:18-cv-00909Bob Baker VolkswagenCDK Global, LLC
1:18-cv-00987F.G. Downing Development, Inc.CDK Global, LLC
1:18-cv-00996Baystate Ford Inc.CDK Global, LLC
1:18-cv-01054Massey Chrysler Center, Inc.CDK Global, LLC2:18-cv-00042Alabama Middle
1:18-cv-01055JCF Autos LLCCDK Global, LLC2:17-cv-11975New Jersey
1:18-cv-01056Kenny Thomas Enterprises, Inc.CDK Global, LLC3:18-cv-00029Ohio Southern
1:18-cv-01057Hoover Automotive, LLCCDK Global, LLC3:17-cv-00864Wisconsin Western
1:18-cv-01058Cox Automotive, Inc.CDK Global, LLC3:17-cv-00925Wisconsin Western10/23/2019
1:18-cv-01402Pensacola Motor Sales, Inc.CDK Global, LLC05/01/2018
1:18-cv-01707Waconia Dodge, Inc.CDK Global, LLC
1:18-cv-02521Loop LLCCDK Global, LLC07/31/2024
1:18-cv-02666Apex Motor CompanyCDK Global, LLC
1:19-cv-00419In re: Dealer Management Systems Antitrust Litig.CDK Global, LLC.9:18-mc-81646Florida Southern
1:19-cv-01412i3 Brands, Inc.CDK Global, LLC3:19-cv-00252California Southern
1:19-cv-02393Paramount Co 2 L L C et alReynolds & Reynolds Co2:18-cv-01132Louisiana Western06/05/2019
1:19-cv-03549ACA Motors, Inc. d/b/a Continental AcuraWHI Solutions, Inc.1:19-mc-00225New York Southern07/16/2019


 Case Management Orders

idDate PostedDoc.#Description
105/07/2018166CASE MANAGEMENT ORDER Signed by the Honorable Amy J. St. Eve on 5/7/2018:Mailed notice(kef, ) (Entered: 05/07/2018)
203/05/2019553STIPULATED Amended Case Management Order by Authenticom, Inc., CDK Global, LLC, Computerized Vehicle Registration, Inc., Reynolds and Reynolds Company and on behalf of all other parties (Miller, Britt) (Docket Text Modified by Clerks Office) (ew, ). (Entered: 03/05/2019)
304/03/2019616STIPULATED AMENDED CASE MANAGEMENT ORDER Signed by the Honorable Robert M. Dow, Jr. on 4/3/2019. Mailed notice(cdh, ) (Entered:
410/07/2019769SECOND STIPULATED AMENDED CASE MANAGEMENT ORDER Signed by the Honorable Robert M. Dow, Jr. on 10/7/2019. Mailed notice(cdh, ) (Entered: 10/07/2019)
510/24/2019800THIRD STIPULATED AMENDED CASE MANAGEMENT ORDER Signed by the Honorable Robert M. Dow, Jr. on 10/24/2019. Mailed notice(cdh, ) (Entered: 10/24/2019)
602/19/2020856FOURTH STIPULATED AMENDED CASE MANAGEMENT ORDER. Signed by the Honorable Robert M. Dow, Jr on 2/19/2020. Mailed notice. (sxb, ) (Entered: 02/19/2020)
705/10/2020944MINUTE entry before the Honorable Robert M. Dow, Jr: On the basis of the Court's determination that the leadership structure in this MDL continues to function well and that all Plaintiffs are well represented at this time, the Court grants the motions for renewal of MDL Leadership [941, 942] for a period of one-year expiring on April 16, 2021. The Court does not see any need for a more formal re-application process at this time. In addition, the joint motion to modify the case management order in light of the Third Amended General Order 943 is granted. The Court will enter the parties' Fifth Stipulated Amended Case Management Order with all of the agreed deadlines reflected in it. Mailed notice (cdh, ) (Entered: 05/10/2020)
807/31/20231390ORDER: The court conducted an in-person status conference on July 28, 2023 to address issues raised in the parties' status report 1387. As more fully explained on the record, the court sets briefing schedules and a jury trial date. See attached Order for further details. Signed by the Honorable Rebecca R. Pallmeyer on 7/31/2023. Mailed notice. (cp, ) (Entered: 08/01/2023)


 Status Conference Agendas

07/27/2023 1387 STATUS Report (JOINT) by Autoloop, Loop LLC, Motor
Vehicle Software Corporation

Presented before Presiding Judge

(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ho, Derek) (Entered: 07/27/2023)


 WebEx Access and Telephone Hearing Information

WebEx Access Information

WebEx, with a call-in number of 1-650-479-3207 and access code 23040381197. To join the conference by WebEx video, counsel of record and members of the public can join by clicking on the following hyperlink:

https://us-courts.webex.com/us-courts/j.php?MTID=m9b0894a49d7c2638b2eecbe6320489fa.

Telephone Hearing Access Information

Please click on the below hyperlink to take you to Judge Pallmeyer's telephone conference login. From there, join conference As Guest, Enter your name, Type the digits in the picture, Click on the Call Me option and fill in your phone number and name. You will receive a call and be connected to the conference line. While participants will have the ability to identify who is speaking, speakers should still identify themselves for the purpose of creating a clear record. Participants should be careful to speak clearly and not to speak over any other participants. If you do not have access to a computer Dial: TELEPHONE NUMBER.

Click here to join the conference: https://teleconference.uc.att.com/ecm/?bp=6366510008&mac=6708061

If the above link does not work, please call: (877)336-1839 or (636)651-0008, access and security code: 6708061#.



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